Notarising for a Signatory Who Is Blind or Cannot Read

Yes, a person who is blind or cannot read can sign before a notary. What changes is how the notary becomes satisfied that you understand the document: usually it is read aloud to you in full, you are asked questions about it, and the notarial certificate records that it was read over. You can sign normally, or with a mark.

Key takeaways

• Being blind or unable to read is not a lack of capacity. The test is whether you understand the document and sign freely.
• The document is usually read aloud in full, by the notary or someone independent, before you sign.
• The notary's certificate commonly records that the document was read to you and that you appeared to understand it.
• The reader should not be someone who benefits from the document.
• If you can read, but not the language of the document, that is a translation or interpreting question instead.
• Wills and some court documents have their own formalities; see a solicitor for those.

Can a notary witness a signature if you cannot read the document?

Yes. A notary's job when witnessing a signature is to confirm who you are, that you have capacity, and that you are signing freely, then to certify that you signed. The Attorney-General's Department describes the same core checks for witnesses of Commonwealth statutory declarations in its information for witnesses: the person must understand what they are doing and the consequences, and must not be acting under coercion. Nothing in those checks requires the signatory to be able to see or read.

What the notary needs is a reliable way to be satisfied that you know what the document says. For a sighted reader, the notary can usually rely on the fact that you have read it. For someone who is blind, has low vision, or cannot read, that assumption does not hold, so the notary takes extra steps. Those steps protect you as much as they protect the document, because a signature from someone who did not know what they were signing is exactly what a later challenge would target.

How is the document read to you?

Most commonly, the whole document is read aloud to you before you sign, including any schedules, attachments and fine print, not a summary. The notary then asks you questions to check you have understood the key points: what the document does, who it gives power to, what you are agreeing to. You can ask questions at any point, and ask for any part to be read again.

Who does the reading matters. Many notaries prefer to read the document themselves, or to have it read by someone independent, so that there is no doubt about what you heard. A family member or friend can be a great help at the appointment, but it is safer if the person who reads the document to you is not someone who benefits from it. If your son is being appointed your attorney under a power of attorney, for example, he should not be the only person who reads it to you.

If you use braille, a screen reader or large print, tell the notary when you book. Having the document in advance in a format you can read yourself, alongside the reading at the appointment, often gives the clearest evidence that you understood it. Whether an electronic or braille version can be arranged depends on who prepared the document; the notary works from the original document you will sign.

What does the notarial certificate say?

When a document is read to a signatory, notaries commonly record that fact. The notarial certificate, or a note attached to it, may state that the document was read over to you in full, by whom, that you appeared to understand it, and that you signed or made your mark in the notary's presence. The notary also makes a record of the act in their notarial register, which they keep permanently.

This record matters most if the document is ever questioned. An authority overseas, a bank, or a court looking at the document years later can see exactly how the notary dealt with the fact that you could not read it. Court rules in several Australian jurisdictions include similar requirements for affidavits sworn by a person who is blind or cannot read, with a statement in the jurat that the affidavit was read to them. The jurat is the part at the end of an affidavit recording where, when and before whom it was sworn. If you are swearing an affidavit for a court, check its rules or ask the solicitor who prepared it.

Step	What usually happens	Why it matters
Identity	The notary checks your photo ID, as for anyone else	Confirms who is signing
Reading	The whole document is read aloud, by the notary or someone independent	You know exactly what it says
Questions	The notary asks what the document does and whether you agree to it	Evidence of understanding
Private word	The notary may speak to you alone	Checks you are signing freely
Signature	You sign normally, with a signature guide, or with a mark	Your act, in the notary's presence
Certificate	Records that the document was read over and understood	Answers questions years later

Does it change anything for documents going overseas?

Usually not, beyond the certificate wording. If the document is going overseas, ask the receiving authority whether it has its own requirements for a signatory who is blind or cannot read; a few want a particular statement, or a witness in addition to the notary. If the document needs an apostille, DFAT certifies the notary's signature and seal on the certificate, not how the reading was done, so the certificate itself has to carry that record. For a document staying in Australia, a Justice of the Peace or other authorised witness can often witness it for you, but a JP's witnessing is generally not accepted overseas.

How do you sign if you cannot see the page?

However you normally sign. Many people who are blind sign their usual signature, and a signature guide, a card with a cut-out window, can help place it in the right spot. The notary can guide your hand to the start of the signature line if you ask. If you cannot write your name, you can sign with a mark, such as a cross, and the notary records that it is your mark. A thumbprint is sometimes used where the receiving authority expects one. Our guide to how a notary witnesses a signature explains the basic process.

Every page you are asked to initial should be initialled the same way you sign, and the notary should tell you what is on each page as you go. Do not let anyone else sign for you unless the law and the receiving authority allow a signature by direction, which is unusual and needs advice.

Is this about capacity?

No, and it is worth being clear about that. Blindness, low vision and being unable to read say nothing about a person's capacity to make decisions. A notary assesses capacity the same way for everyone: can you understand what the document does, weigh it up, and communicate your decision? Our guide to capacity and duress checks explains how notaries approach this.

Where the notary does take more care is with pressure. A person who relies on others to read their documents is more exposed to being misled about what a document says, which is why notaries are careful about who reads it and may ask to speak to you alone. If the notary is not satisfied, they may decline, as the Attorney-General's Department notes any witness may. Our guide to what happens when a notary declines explains what to do next.

What about wills, powers of attorney and court documents?

Some documents have their own formalities. Wills made by a person who is blind or cannot read are a common area for extra requirements, often about how the will is read to the person and what the attestation clause says. Powers of attorney and guardianship documents have witnessing rules that vary between states and territories. Court affidavits follow the court's rules. For any of these, the formalities decide whether the document is valid, so ask the solicitor preparing it how they want it executed before you book the notary. Our guide to notarising a power of attorney covers the documents most often notarised for overseas use.

How do you prepare for the appointment?

1. Tell the notary when you book. Say that you are blind, have low vision, or cannot read, so enough time is set aside.
2. Get the document in advance. Ask for a copy in braille, large print or an electronic format your screen reader can use, if that is possible.
3. Bring photo ID. The notary still needs to confirm your identity.
4. Think about who comes with you. A support person is welcome, but the reader should ideally be the notary or someone independent.
5. Listen to the whole document. Ask for anything to be read again and ask questions until you are sure.
6. Sign or make your mark. In the notary's presence, the way you normally would.
7. Ask what the certificate records. It should show the document was read to you.

Common mistakes to avoid

The most common mistake is having the document read by the person who benefits from it, which is the first thing anyone challenging it will point to. The second is reading a summary instead of the whole document. The third is signing a document that was already signed or initialled on some pages before the appointment; a notary can only witness what happens in front of them. The fourth is assuming a reading at the notary replaces the formalities for a will or court document, when those have their own rules.

Here is an illustration, not a real case.

Helen, who is blind, needs to sign a power of attorney for her flat in Greece. Her niece, who is not named in the document, drives her to the appointment. Helen has listened to an electronic copy at home with her screen reader. The notary reads the document aloud in full, asks Helen what it does and whom it appoints, and speaks with her briefly alone. Helen signs using a signature guide, and the notarial certificate records that the document was read over to her.

In short

A person who is blind or cannot read can sign before a notary. The document is usually read aloud in full, ideally by the notary or someone independent, and the notary asks questions to check understanding. You sign normally, with a guide, or with a mark, and the certificate records that the document was read to you. Wills and court documents have their own rules, so ask a solicitor. Our power of attorney and legal declarations page covers the documents most often signed this way.

People also search for

• How does a notary check capacity?
• How does a notary witness a signature?
• Can I notarise a document in another language?
• What if the signatory cannot attend?
• How do I swear an affidavit before a notary?

Need a document signed by someone who is blind or cannot read? Tell us about the document and where it is going, and we will explain each step before you book.